N.Y. Comp. Codes R. & Regs. tit. 8 § 83.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 83.6 - Penalties

(a) In a proceeding brought pursuant to this Part, for individuals who are served with a notice that a substantial question exists as to moral character prior to November 1, 2000, a hearing officer or hearing panel, as applicable, may recommend and the commissioner may impose the following penalties: denial of an application for certification, or suspension of a certificate, or revocation of a certificate.

(b) In a proceeding brought pursuant to this Part, for individuals who are served with a notice that a substantial question exists as to moral character on or after November 1, 2000, a hearing officer or hearing panel, as applicable, may recommend and the commissioner may impose the penalty of the denial of an application for certification; and the hearing officer or hearing panel, as applicable, may recommend and the commissioner may impose one of the following alternative penalties upon certified individuals:

(1) revocation of a certificate; or

(2) suspension of a certificate:

(i) wholly for a fixed period of time;

(ii) partially, until the certificate holder successfully completes a course of retraining in the area to which the suspension applies; or

(iii) wholly, until the certificate holder successfully completes a course of therapy or treatment;

(3) limitation of the scope of a teaching certificate through revocation of an extension to teach additional subjects or grades;

(4) a fine not to exceed $5,000; or

(5) a requirement that the certified individual pursue a course of continuing education or training.

(c) The date of the mailing of the notice that a substantial question exists as to moral character shall be the date of service of such notice for the purpose of determining whether the penalties prescribed in subdivision (a) or (b) of this section shall apply.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 83.6